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(영문) 서울고등법원(춘천) 2019.11.20 2019누243
국가유공자요건비해당결정취소
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined by the court of first instance and the evidence additionally adopted and examined by this court are justified in the findings of fact in the court of first instance

Therefore, the reasoning of the judgment of this court is identical to that of the judgment of the court of first instance, except for the modification of some of the following, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The 5th to 5th of the first instance judgment shall be amended as follows.

'Ma) Masscambling generally 40 to 60 people, and the male has developed more than twice the female.

The causes of Macambling are also related to genetic defects, scarcitys, and complications due to heart surgery, but above all, the most important cause is the "high blood pressure" which is found to be about 80% of the total large Macambling patients.

On the other hand, there is no medical data that can be seen as the cause of Macro, which is the cause of Macro, itself.

In addition, the blood pressure refers to the blood pressure at least 140m Hg or the blood pressure at least 90m m. of the extended aircraft.

In the case of the deceased, as a result of the health examination conducted on April 25, 2016, nearest to the deceased’s death date, the blood pressure of the deceased appears to be Hggg, 160 meters wide and 120 meters wide and corresponding to the definitions of the above high blood pressure.

In full view of the result of the autopsy on the deceased, it is reasonable to view that the primary cause of the deceased’s occurrence of large booming is an uncontroled high blood pressure, etc., in view of the increase of the heart weight observed in the process of the autopsy and the depth of the body, and the disease caused by circular pressure, etc., which has been transferred for a long time, is likely to be the cause thereof.

F. The fundamental reason of high blood pressure is not clear, and family history, drinking, smoking, old age, and movement are related risk factors.

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